Lawyer for Convicted Killer Rigterink Says Miranda Warning Too Vague

By LLOYD DUNKELBERGERLEDGER TALLAHASSEE BUREAU

Monday

Dec 6, 2010 at 11:48 PM

Criminal defendants in Florida should receive a broader warning about their right to be represented by a lawyer during questioning than is required under federal law, a lawyer for a Polk County murder defendant said Monday.

TALLAHASSEE | Criminal defendants in Florida should receive a broader warning about their right to be represented by a lawyer during questioning than is required under federal law, a lawyer for a Polk County murder defendant said Monday.

In a case before the Florida Supreme Court, a lawyer for Thomas W. Rigterink said his client should have been given a more specific warning that he had the right to a lawyer "during" his questioning by investigators rather than being warned less specifically that he had the right to be represented by a lawyer.

Rigterink, 38, was convicted of stabbing to death Jeremy Jarvis and Allison Sousa during a 2003 robbery near Winter Haven.

His initial convictions -- and death sentences -- were overturned in 2009 by Florida's highest court, which found his Miranda warnings were unconstitutionally insufficient.

But the Florida ruling was overturned earlier this year by the U.S. Supreme Court in a 7-2 decision, sending the case back to the Florida justices, who heard oral arguments Monday.

David Parry, Rigterink's lawyer, argued federal law and court rulings "set a floor" for the scope of the Miranda warnings, but that states like Florida can establish "a greater right."

"This court has been very assertive in ensuring that you have a full understanding in both the beginning, during and at the end of a confession," Parry said.

Scott Browne, an assistant attorney general, said "no unique language" was in the Florida Constitution that would provide the basis for a greater Miranda right than what has been outlined by the federal courts.

If the Florida court decided to establish a broader right, Browne said, the court should also consider the impact of the ruling on cases like Rigterink's -- which he described as a "brutal double homicide" with "overwhelmingly" evidence -- and other cases where similar Miranda warnings were used.

A cost-benefit analysis would show an expansion of Miranda rights in Florida "would not be worth any minimal beneficial justification" if it was applied to cases like Rigterink's, Browne said.

Chief Justice Charles Canady said it would be "very strange" for the Florida court to take the position that Rigterink's warning was not adequate given the U.S. Supreme Court's position that it was.

Canady, formerly of Lakeland, said he did not dispute Parry's argument that Florida had the power to establish a broader right.

But he said: "Does it make sense for us to do that?"

Justice Peggy Quince questioned Browne over the fact that some Florida law enforcement agencies have subsequently changed their Miranda warnings to make sure defendants know they have the right to a lawyer before they talk to investigators as well as "during" the questioning.

"What's the downside" of requiring that, Quince asked.

There is some uncertainty over how the Florida Supreme Court will rule on the Rigterink case since the U.S. Supreme Court did not outline its reasoning for overturning the decision.

Instead, the nation's highest court returned the Rigterink case along with another Miranda case from Florida where the defendant was given a slightly different warning, including being told he had his right to a lawyer "any time you want during this interview."

In Rigterink's case, he was only told he had the right to a lawyer "prior to" questioning.

Prosecutors accused Rigterink of attacking Jeremy Jarvis during a Sept. 24, 2003, robbery at a warehouse unit where Jarvis lived near Winter Haven. They say Rigterink chased Jarvis, who ran for help to the nearby offices where Allison Sousa was employed as a secretary.

Jarvis, 24, was stabbed 22 times, and Sousa, 23, was stabbed six times. Each bled to death.

A jury found Rigterink guilty in September 2005 on two counts of first-degree murder. Circuit Judge J. Dale Durrance sentenced Rigterink to death on Oct. 14, 2005.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.